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AB-3091 Certificated school employees: permanent status.(2017-2018)

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Date Published: 06/07/2018 09:00 PM
AB3091:v97#DOCUMENT

Amended  IN  Senate  June 07, 2018
Amended  IN  Assembly  March 22, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 3091


Introduced by Assembly Member Weber

February 16, 2018


An act to amend Section 12525.5 of the Government Sections 1296, 44664, 44830.1, 44929.21, 44929.23, and 44948.3 of the Education Code, relating to peace officers. school employees.


LEGISLATIVE COUNSEL'S DIGEST


AB 3091, as amended, Weber. Peace officers: stops: reports. Certificated school employees: permanent status.
(1) Existing law requires, if the average daily attendance of the schools and classes maintained by a county superintendent of schools is 250 or more, each person who, after being employed for 2 complete consecutive school years by a county superintendent of schools in a teaching position in schools or classes maintained by the county superintendent of schools requiring certification qualifications, is reelected for the next succeeding school year to a teaching position to be classified as a permanent employee of the county superintendent of schools. Existing law requires an employee of a school district with an average daily attendance of 250 or more who, after having been employed by the school district for 2 complete consecutive school years in a position or positions requiring certification qualifications, is reelected for the next succeeding school year to a position requiring certification qualifications, at the commencement of the succeeding school year, to be classified as a permanent employee of the school district.
This bill would instead require an employee of a county superintendent of schools, and an employee of the governing board of a school district, who, after being employed for 3 complete consecutive school years in a position or positions requiring certification qualifications, is reelected for the next succeeding school year to a position requiring certification qualifications to be classified as a permanent employee of the county superintendent of schools or the school district. To the extent the bill would impose additional duties on local educational agency officials, the bill would impose a state-mandated local program.
The bill would provide that, to the extent these provisions conflict with any provision of a collective bargaining agreement entered into before January 1, 2019, by a public school employer and an exclusive bargaining representative, these provisions shall not apply until the expiration or renewal of that collective bargaining agreement.
(2) This bill would also make conforming changes and various nonsubstantive changes.
(3) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Existing law requires each state and local agency that employs peace officers to annually report to the Attorney General data on all stops, as defined, conducted by the agency’s peace officers, and requires that data to include specified information, including the time, date, and location of the stop, and the reason for the stop. Existing law requires agencies of differing staff sizes to begin collecting the required data and to issue the first annual report on specified dates. Existing law requires each state and local agency that employs 1,000 or more peace officers to begin collecting data on or before July 1, 2018, and to issue its first round of reports on or before April 1, 2019.

This bill, instead, would require those agencies that employ 1,000 or more peace officers to issue their first round of reports on or before July 1, 2019.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NOYES  

The people of the State of California do enact as follows:


SECTION 1.

 It is the intent of the Legislature that permanent status should represent a professional benchmark in an educator’s development, and that granting a certificated employee permanent status should reflect the governing board of a school district’s confidence in the certificated employee’s ability to serve and educate pupils based on demonstrated effectiveness.

SEC. 2.

 Section 1296 of the Education Code is amended to read:

1296.
 (a) (1) If the average daily attendance of the schools and classes maintained by a county superintendent of schools is 250 pupils or more, each person who, after being employed for three complete consecutive school years by the county superintendent of schools in a teaching position in those schools or classes requiring certification qualifications and whose salary is paid from the county school service fund, is reelected for the next succeeding school year to such a this type of position in those schools or classes, shall be classified as and become a permanent employee of the county superintendent of schools.
(2) The county superintendent of schools shall notify a probationary employee, on or before March 15 of the employee’s third complete consecutive school year of employment by the county superintendent of schools in a teaching position in schools or classes maintained by the county superintendent of schools requiring certification qualifications, of the decision to reelect or not reelect the employee for the next succeeding school year to this type of position in those schools. In the event that the county superintendent of schools does not give notice pursuant to this section on or before March 15, the employee shall be deemed reelected for the next succeeding school year as a permanent employee.

Such an employee

(3) An employee described in this subdivision shall have the same rights and duties as employees of school districts to which Section 44882 44929.21 applies. Sections 44841, 44842, 44882, 44929.21, 44948.3, and 44948.5 are applicable apply to these employees.

This

(4) This subdivision shall apply only to probationary employees whose probationary period commenced prior to before the 1983–84 fiscal year. year, and to probationary employees whose probationary period commenced during the 2018–19 fiscal year, or any fiscal year thereafter.
(b) (1) If the average daily attendance of the schools and classes maintained by a county superintendent of schools is 250 pupils or more, each person who, after being employed for two complete consecutive school years by the county superintendent of schools in a teaching position in those schools or classes requiring certification qualifications and whose salary is paid from the county school service fund, is reelected for the next succeeding school year to such a this type of position in those schools or classes, shall be classified as and become a permanent employee of the county superintendent of schools.

The

(2) The county superintendent of schools shall notify the a probationary employee, on or before March 15 of the employee’s second complete consecutive school year of employment by the county superintendent of schools in a teaching position in schools or classes maintained by the county superintendent of schools requiring certification qualifications, of the decision to reelect or not reelect the employee for the next succeeding school year to such a this type of position in those schools. In the event that the county superintendent of schools does not give notice pursuant to this section on or before March 15, the employee shall be deemed reelected for the next succeeding school year. year as a permanent employee.

Such an employee

(3) An employee described in this subdivision shall have the same rights and duties as employees of school districts to which Section 44882 44929.21 applies. Sections 44841, 44842, 44882, 44929.21, 44948.3, and 44948.5 are applicable apply to these employees.

This

(4) This subdivision shall apply only to probationary employees whose probationary period commenced during the period from the 1983–84 fiscal year or any fiscal year thereafter. to the 2017–18 fiscal year, inclusive.
(c) As used in this section, “teaching position” means any certificated position designated as of January 1, 1983, by the county board of education or the county superintendent of schools as a teaching position for the purpose of granting probationary or permanent status.
(d) To the extent that this section, as amended by the act adding this subdivision, conflicts with a provision of a collective bargaining agreement entered into by a public school employer and an exclusive bargaining representative before January 1, 2019, pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, the changes made to this section by the act of adding this subdivision shall not apply until the expiration or renewal of that collective bargaining agreement.

SEC. 3.

 Section 44664 of the Education Code is amended to read:

44664.
 (a) Evaluation and assessment of the performance of each certificated employee shall be made on a continuing basis as follows:
(1) At least once each school year for probationary personnel.
(2) At least every other year for personnel with permanent status.
(3) At least every five years for personnel with permanent status who have been employed at least 10 years with the school district, are highly qualified, if those personnel occupy positions that are required to be filled by a highly qualified professional by the federal No Child Left Behind Act of 2001 (20 U.S.C. Sec. 6301, 6301 et seq.), as defined in 20 U.S.C. Sec. 7801, and whose previous evaluation rated the certificated employee as meeting or exceeding standards, if the evaluator and certificated employee being evaluated agree. The certificated employee or the evaluator may withdraw consent at any time.
(b) The evaluation shall include recommendations, if necessary, as to areas of improvement in the performance of the certificated employee. If an a certificated employee is not performing his or her duties in a satisfactory manner according to the standards prescribed by the governing board, board of the school district, the employing authority shall notify the certificated employee in writing of that fact and describe the unsatisfactory performance. The employing authority shall thereafter confer with the certificated employee making specific recommendations as to areas of improvement in the certificated employee’s performance and endeavor to assist the certificated employee in his or her performance. If any permanent certificated employee has received an unsatisfactory evaluation, the employing authority shall annually evaluate the certificated employee until the certificated employee achieves a positive evaluation or is separated from the school district.
(c) Any evaluation performed pursuant to this article which that contains an unsatisfactory rating of an a certificated employee’s performance in the area of teaching methods or instruction may include the requirement that the certificated employee shall, as determined necessary by the employing authority, participate in a program designed to improve appropriate areas of the certificated employee’s performance and to further pupil achievement and the instructional objectives of the employing authority. If a school district participates in the California Peer Assistance and Review Program for Teachers established pursuant to Article 4.5 (commencing with Section 44500), any certificated employee who receives an unsatisfactory rating on an evaluation performed pursuant to this section shall participate in the California Peer Assistance and Review Program for Teachers.
(d) Hourly and temporary hourly certificated employees, other than those employed in adult education classes who are excluded by the provisions of Section 44660, and substitute teachers may be excluded from the provisions of this section at the discretion of the governing board. board of the school district.

SEC. 4.

 Section 44830.1 of the Education Code is amended to read:

44830.1.
 (a) In addition to any other prohibition or provision, no person who has been convicted of a violent or serious felony shall be hired by a school district in a position requiring certification qualifications or supervising positions requiring certification qualifications. A school district shall not retain in employment a current certificated employee who has been convicted of a violent or serious felony, and who is a temporary employee, a substitute employee, or a probationary employee serving before March 15 of the employee’s second or third probationary year. year, as applicable. If any conviction is reversed and the formerly convicted person is acquitted of the offense in a new trial, or the charges are dismissed, this section does not prohibit his or her employment thereafter.
(b) This section applies to any violent or serious offense which, that, if committed in this state, would have been punishable as a violent or serious felony.
(c) (1) For purposes of this section, a violent felony is any felony listed in subdivision (c) of Section 667.5 of the Penal Code and a serious felony is any felony listed in subdivision (c) of Section 1192.7 of the Penal Code.
(2) For purposes of this section, a plea of nolo contendere to a serious or violent felony constitutes a conviction.
(3) For purposes of this section, the term “school district” has the same meaning as defined in Section 41302.5.
(d) When the governing board of any school district requests a criminal record summary of a temporary, substitute, or probationary certificated employee, two fingerprint cards, bearing the legible rolled and flat impressions of the person’s fingerprints together with a personal description and the fee, shall be submitted, by any means authorized by the Department of Justice, to the Department of Justice.
(e) When the Department of Justice ascertains that an individual who is an applicant for employment by a school district has been convicted of a violent or serious felony, or for purposes of implementing the prohibitions set forth in Section 44836, any sex offense, as defined in Section 44010, or any controlled substance offense, as defined in Section 44011, the department Department of Justice shall notify the school district of the criminal information pertaining to the applicant. The notification shall be delivered by telephone or electronic mail to the school district. The notification to the school district shall cease to be made once the statewide electronic fingerprinting network is returning responses within three working days. The Department of Justice shall send by first-class mail or electronic mail a copy of the criminal information to the Commission on Teacher Credentialing. commission. The Department of Justice may charge a reasonable fee to cover the costs associated with processing, reviewing, and supplying the criminal record summary required by this section. In no event shall the fee exceed the actual costs incurred by the department. Department of Justice.
(f) Notwithstanding subdivision (a), a person shall not be denied employment or terminated from employment solely on the basis that the person has been convicted of a violent or serious felony if the person has obtained a certificate of rehabilitation and pardon pursuant to Chapter 3.5 (commencing with Section 4852.01) of Title 6 of Part 3 of the Penal Code.
(g) Notwithstanding subdivision (f), a person shall not be denied employment or terminated from employment solely on the basis that the person has been convicted of a serious felony that is not also a violent felony if that person can prove to the sentencing court of the offense in question, by clear and convincing evidence, that he or she has been rehabilitated for the purposes of school employment for at least one year. If the offense in question occurred outside this state, then the person may seek a finding of rehabilitation from the court in the school district in which he or she is a resident.
(h) Notwithstanding any other provision of law, when the Department of Justice notifies a school district by telephone or electronic mail that a current temporary employee, substitute employee, or probationary employee serving before March 15 of the employee’s second or third probationary year, as applicable, has been convicted of a violent or serious felony, that employee shall immediately be placed on leave without pay. When the school district receives written electronic notification of the fact of conviction from the Department of Justice, the employee shall be terminated automatically and without regard to any other procedure for termination specified in this code or school district procedures unless the employee challenges the record of the Department of Justice and the Department of Justice withdraws in writing its notification to the school district. Upon receipt of written withdrawal of notification from the Department of Justice, the employee shall immediately be reinstated with full restoration of salary and benefits for the period of time from the suspension without pay to the reinstatement.
(i) An employer shall request subsequent arrest service from the Department of Justice as provided under Section 11105.2 of the Penal Code.
(j) Notwithstanding Section 47610, this section applies to a charter school.
(k) This section shall not apply to a certificated employee who applies to renew his or her credential when both of the following conditions have been met:
(1) The employee’s original application for credential was accompanied by that person’s fingerprints.
(2) The employee has either been continuously employed in one or more public school districts since the issuance or last renewal of his or her credential or his or her credential has not expired between renewals.
(l) Nothing in this section shall prohibit a county superintendent of schools from issuing a temporary certificate to any person described in paragraph (1) or (2) of subdivision (k).
(m) This section shall not prohibit a school district from hiring a certificated employee who became a permanent employee of another school district as of October 1, 1997.
(n) All information obtained from the Department of Justice is confidential. Every agency handling Department of Justice information shall ensure the following:
(1) No recipient may disclose its contents or provide copies of information.
(2) Information received shall be stored in a locked file separate from other files, and shall only be accessible to the custodian of records.
(3) Information received shall be destroyed upon the hiring determination in accordance with subdivision (a) of Section 708 of Title 11 of the California Code of Regulations.
(4) Compliance with destruction, storage, dissemination, auditing, backgrounding, and training requirements as set forth in Sections 700 through 708 inclusive, of Title 11 of the California Code of Regulations and Section 11077 of the Penal Code governing the use and security of criminal offender record information is the responsibility of the entity receiving the information from the Department of Justice.

SEC. 5.

 Section 44929.21 of the Education Code is amended to read:

44929.21.
 (a) (1) Every employee of a school district of any type or class having an average daily attendance of 250 pupils or more who, after having been employed by the school district for three complete consecutive school years in a position or positions requiring certification qualifications, is reelected for the next succeeding school year to a position requiring certification qualifications shall, at the commencement of the succeeding school year year, be classified as and become a permanent employee of the school district.
(2) The governing board of a school district shall notify the probationary employee, on or before March 15 of the probationary employee’s third complete consecutive school year of employment by the school district in a position or positions requiring certification qualifications, of the decision to reelect or not reelect the employee for the next succeeding school year to the position. In the event that the governing board of the school district does not give notice pursuant to this section on or before March 15, the employee shall be deemed reelected for the next succeeding school year as a permanent employee.

This

(3) This subdivision shall apply only to probationary employees whose probationary period commenced prior to before the 1983–84 fiscal year. year, and to probationary employees whose probationary period commenced during the 2018–19 fiscal year or any fiscal year thereafter.
(b) (1) Every employee of a school district of any type or class having an average daily attendance of 250 pupils or more who, after having been employed by the school district for two complete consecutive school years in a position or positions requiring certification qualifications, is reelected for the next succeeding school year to a position requiring certification qualifications shall, at the commencement of the succeeding school year year, be classified as and become a permanent employee of the school district.

The

(2) The governing board of a school district shall notify the probationary employee, on or before March 15 of the probationary employee’s second complete consecutive school year of employment by the school district in a position or positions requiring certification qualifications, of the decision to reelect or not reelect the employee for the next succeeding school year to the position. In the event that the governing board of the school district does not give notice pursuant to this section on or before March 15, the employee shall be deemed reelected for the next succeeding school year. year as a permanent employee.

This

(3) This subdivision shall apply only to probationary employees whose probationary period commenced during the period from the 1983–84 fiscal year or any fiscal year thereafter. to the 2017–18 fiscal year.
(c) To the extent that this section, as amended by the act adding this subdivision, conflicts with a provision of a collective bargaining agreement entered into by a public school employer and an exclusive bargaining representative before January 1, 2019, pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, the changes made to this section by the act of adding this subdivision shall not apply until the expiration or renewal of that collective bargaining agreement.

SEC. 6.

 Section 44929.23 of the Education Code is amended to read:

44929.23.
 (a) The governing board of a school district of any type or class having an average daily attendance of less than 250 pupils may classify as a permanent employee of the school district any employee who, after having been employed by the school district for three complete consecutive school years in a position or positions requiring certification qualifications, is reelected for the next succeeding school year to a position requiring certification qualifications. If that classification is not made, the employee shall not attain permanent status and may be reelected from year to year thereafter without becoming a permanent employee until a change in classification is made.
(b) Notwithstanding subdivision (a), Section 44929.21 shall apply to certificated employees employed by a school district, if the governing board of the school district elects to dismiss probationary employees pursuant to Section 44948.2. If that election is made, the governing board of the school district thereafter shall classify as a permanent employee of the school district any probationary employee who, after being employed for two or three complete consecutive school years years, as applicable, in a position or positions requiring certification qualifications, is reelected for the next succeeding school year to a position requiring certification qualifications as required by Section 44929.21. Any A probationary employee who has been employed by the school district for two or more consecutive years at least two or three consecutive school years, as applicable, on the date of that election in a position or positions requiring certification qualifications shall be classified as a permanent employee of the school district.
(c) If the classification is not made pursuant to subdivision (a) or (b), the employee shall not attain permanent status and may be reelected from year to year thereafter without becoming a permanent employee until the classification is made.

SEC. 7.

 Section 44948.3 of the Education Code is amended to read:

44948.3.
 (a) First and second year probationary employees A probationary employee may be dismissed during the school year for unsatisfactory performance determined pursuant to Article 11 (commencing with Section 44660) of Chapter 3, or for cause pursuant to Section 44932. Any dismissal pursuant to this section shall be in accordance with all of the following procedures:
(1) The superintendent of the school district or the superintendent’s designee shall give 30 days’ prior written notice of dismissal, not later than March 15 in the case of second year second- or third-year probationary employees. employees, as applicable. The notice shall include a statement of the reasons for the dismissal and notice of the opportunity to appeal. In the event of a dismissal for unsatisfactory performance, a copy of the evaluation conducted pursuant to Section 44664 shall accompany the written notice.
(2) The probationary employee shall have 15 days from receipt of the notice of dismissal to submit to the governing board of the school district a written request for a hearing. The governing board of the school district may establish procedures for the appointment of an administrative law judge to conduct the hearing and submit a recommended decision to the governing board. The failure of an a probationary employee to request a hearing within 15 days from receipt of a dismissal notice shall constitute a waiver of the right to a hearing.
(b) The governing board, board of a school district, pursuant to this section, may suspend a probationary employee for a specified period of time without pay as an alternative to dismissal.
(c) This section applies only to probationary employees whose probationary period commenced during the 1983–84 fiscal year or any fiscal year thereafter, and does not apply to probationary employees in a school district having an average daily attendance of less than 250 pupils.

SEC. 8.

 The Legislature finds and declares that Section 3 of this act is declaratory of existing law.

SEC. 9.

 If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
SECTION 1.Section 12525.5 of the Government Code is amended to read:
12525.5.

(a)(1)Each state and local agency that employs peace officers shall annually report to the Attorney General data on all stops conducted by that agency’s peace officers for the preceding calendar year.

(2)Each agency that employs 1,000 or more peace officers shall begin collecting data on or before July 1, 2018, and shall issue its first round of reports on or before July 1, 2019. Each agency that employs 667 or more but less than 1,000 peace officers shall begin collecting data on or before January 1, 2019, and shall issue its first round of reports on or before April 1, 2020. Each agency that employs 334 or more but less than 667 peace officers shall begin collecting data on or before January 1, 2021, and shall issue its first round of reports on or before April 1, 2022. Each agency that employs one or more but less than 334 peace officers shall begin collecting data on or before January 1, 2022, and shall issue its first round of reports on or before April 1, 2023.

(b)The reporting shall include, at a minimum, the following information for each stop:

(1)The time, date, and location of the stop.

(2)The reason for the stop.

(3)The result of the stop, such as, no action, warning, citation, property seizure, or arrest.

(4)If a warning or citation was issued, the warning provided or violation cited.

(5)If an arrest was made, the offense charged.

(6)The perceived race or ethnicity, gender, and approximate age of the person stopped, provided that the identification of these characteristics shall be based on the observation and perception of the peace officer making the stop, and the information shall not be requested from the person stopped. For motor vehicle stops, this paragraph only applies to the driver, unless any actions specified under paragraph (7) apply in relation to a passenger, in which case the characteristics specified in this paragraph shall also be reported for him or her.

(7)Actions taken by the peace officer during the stop, including, but not limited to, the following:

(A)Whether the peace officer asked for consent to search the person, and, if so, whether consent was provided.

(B)Whether the peace officer searched the person or any property, and, if so, the basis for the search and the type of contraband or evidence discovered, if any.

(C)Whether the peace officer seized any property and, if so, the type of property that was seized and the basis for seizing the property.

(c)If more than one peace officer performs a stop, only one officer is required to collect and report to his or her agency the information specified under subdivision (b).

(d)State and local law enforcement agencies shall not report the name, address, social security number, or other unique personal identifying information of persons stopped, searched, or subjected to a property seizure, for purposes of this section. Notwithstanding any other law, the data reported shall be available to the public, except for the badge number or other unique identifying information of the peace officer involved. Law enforcement agencies are solely responsible for ensuring that personally identifiable information of the individual stopped or any other information that is exempt from disclosure pursuant to this section is not transmitted to the Attorney General in an open text field.

(e)Not later than January 1, 2018, the Attorney General, in consultation with stakeholders, including the Racial and Identity Profiling Advisory Board (RIPA) established pursuant to paragraph (1) of subdivision (j) of Section 13519.4 of the Penal Code, federal, state, and local law enforcement agencies and community, professional, academic, research, and civil and human rights organizations, shall issue regulations for the collection and reporting of data required under subdivision (b). The regulations shall specify all data to be reported, and provide standards, definitions, and technical specifications to ensure uniform reporting practices across all reporting agencies. To the best extent possible, such regulations should be compatible with any similar federal data collection or reporting program.

(f)All data and reports made pursuant to this section are public records within the meaning of subdivision (e) of Section 6252, and are open to public inspection pursuant to Sections 6253 and 6258.

(g)(1)For purposes of this section, “peace officer,” as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, is limited to members of the California Highway Patrol, a city or county law enforcement agency, and California state or university educational institutions. “Peace officer,” as used in this section, does not include probation officers and officers in a custodial setting.

(2)For purposes of this section, “stop” means any detention by a peace officer of a person, or any peace officer interaction with a person in which the peace officer conducts a search, including a consensual search, of the person’s body or property in the person’s possession or control.